判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment notes that, on the evening of 12 November 2019, a large group of protesters first dug up paving slabs outside the Sogo Department Store in Causeway Bay and placed traffic cones, setting fire to obstruct the road and block traffic; during this time, some members of the public paused to watch. At around 11:30 pm, student X left the mall intending to take a vehicle home, but was followed by a group of masked individuals, who circled via Paterson Street and Hennessy Road to outside the Kimberley Shopping Centre entrance where approximately 30 people surrounded them. The defendant and others forcibly took X’s backpack and emptied its contents; upon finding an item bearing a police insignia, they punched and kicked X, using an umbrella for cover and striking with its shaft for about two to three minutes, causing multiple injuries to X and loss of property. Afterwards, X identified some of the defendants, and the prosecution, with the defendants having pleaded guilty, charged and convicted them on counts of rioting and assault.
For the offence of rioting, intended to uphold the rule of law, public order, punishment and deterrence, immediate imprisonment is generally appropriate; for the offence of assault, although there is no specific sentencing guideline, the nature and motivation of the violence and its consequences must be considered.
The starting point for sentencing in this case was 42 months for each offence; having considered that the defendant had no prior convictions, favourable character references, active mitigation and a guilty plea, the 42 months were first reduced to 28 months, then further reduced by 2 months in the exercise of discretion, resulting in 26 months for each count, to be served concurrently.
The judge was of the view that the defendant, together with the crowd, used their numerical superiority to commit violence against a vulnerable student, constituting a large-scale bullying and silencing operation; umbrellas and other items originally symbolic of peaceful protest were turned into weapons, undermining social peace, which cannot be tolerated by law, and a clear message must be sent to the public.
The defendant was sentenced to 26 months’ imprisonment on each of the charges of rioting and assault, to be served concurrently, for a total of 26 months. (Translated from Chinese to English by AI)
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